Orlando domestic
violence defense attorney

If you’ve been charged with any form of domestic violence, know that you have legal rights and options to defend yourself, hopefully, to clear your name and have the charges dropped.

With so many nuances to domestic violence issues, professional representation can be the difference between serious felony charges and misdemeanor penalties. You need a qualified Orlando criminal defense lawyer who will work hard to have the charges against you reduced or dropped.

The attorneys with Katz & Phillips, P.A. have extensive experience handling domestic violence problems and will work diligently to prove that you aren’t guilty of the acts you’ve been accused of committing and have been charged with.

To schedule your initial consultation, call (321) 332-6884 today.

What’s considered domestic violence under Florida law

Domestic violence is a harmful act perpetrated against a “family or household member.” Under Florida law, a “family or household member” can include:

• A current or former spouse who currently or previously lived together
• Individuals related by blood or marriage who are currently living together or previously lived together
• Individuals currently living together as a family or who previously lived together as a family
• People who have a child in common, regardless if they lived together or not.

Complicating the issue is the fact that many acts can fall under the umbrella term “domestic violence.” These include:

• Assault or aggravated assault
• Battery aggravated battery
• Sexual assault or sexual battery
• Stalking or aggravated stalking
• Kidnapping
• False imprisonment
• Any other criminal offense that results in physical injury or death of a family or household member

It’s important to note that elder abuse and neglect also fall under domestic violence.

We provide strong defense for several domestic violence charges

Although domestic violence is referred to as an emotional crime, emotion has no place in a courtroom. Facts are necessary, and you can trust the attorneys at Katz & Phillips, P.A. to identify the mitigating factors in your case and make use of them in crafting a strong defense against the allegations made against you. Here’s a look into a few of the defenses we’ve successfully used against some of the common domestic violence charges.

False imprisonment

Florida defines false imprisonment as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.”

If committed against a person over the age of 13, the alleged offender will be criminally charged with a third-degree felony and if convicted can face severe penalties such as several years of imprisonment and hefty finds.

If committed against a person under the age of 13, it’s charged as a first-degree felony which can result in a much longer prison sentence and even larger fines. If you’ve been charged with false imprisonment, it’s highly encouraged that you hire an Orlando criminal defense attorney right away to help you defend your legal rights.

Possible defenses for a false imprisonment charge

Unfortunately, domestic violence allegations can be false. Perhaps an ex-spouse is attempting to gain the upper hand in a family law case, or perhaps they’re simply angry. Regardless, should they proceed to make a false allegation, you can trust that we will do everything we can to prove that the accusation is false to combat the charges and to help you protect your legal rights as surely as possible.

A common defense that can be utilized in cases involving children is that you weren’t imprisoning the child, but rather were disciplining them in an age-appropriate manner. As a parent, you have the right to discipline your child – you have the ability and the right to do such things as putting them in a “time out.” Just because they were told to stay in their room doesn’t mean you should be found guilty of a criminal offense.

Restraining order violation defense

Those who are allegedly victimized by domestic violence are able to seek a protective or restraining order called an injunction. In Florida, there are different types of restraining orders that can be obtained in domestic violence cases, all which can contain orders preventing contact between parties or requiring that they stay away from certain locations.

• Emergency Protective Order (EPO) – These are short-duration orders that can be issued when the police respond to a domestic violence call and believe there’s an immediate risk of harm to a person. The police officer will contact the judge and will seek an EPO. Generally, EPOs expire around one week (sometimes less and sometimes more) after being obtained.
• Domestic Violence Temporary Restraining Order (TRO) – These are obtained through family court. Initially, these might last for three weeks, however, a judge can extend a TRO until a later hearing if they feel it’s appropriate.
• Domestic Violence Restraining Order After Hearing – These are also part of the family court and can be ordered after a hearing on the TRO. Restraining orders can be issued for three to five years and can be extended at each expiration date, even being made permanent in some circumstances.
• Criminal Protective Order (No Contact Order) – This is can be ordered by the court during a criminal proceeding.

According to §741.31 of Florida Statutes, the following are ways in which a defendant can willfully violate a restraining order:

• Refusing to leave their shared home;
• Staying within 500 feet of their frequented locations;
• Partaking in domestic abuse;
• Threatening to commit violence;
• Somehow contacting the petitioner;
• Coming within 100 feet of their vehicle;
• Destroying the petitioner’s personal property; and
• Refusing to give up any firearms

Violating an injunction for a protection order is considered a first-degree misdemeanor by the court. If you have been criminally charged, it is highly important that you realize just how much is at stake. You simply cannot afford to be flippant with your future – you need aggressive defense from a knowledgeable Orlando criminal defense lawyer as soon as possible.

Stalking defense

Florida law defines stalking as the willful, malicious, and repeated procedure in which a person “monitors” another person. These acts include:

• Following a person around on foot or in a vehicle;
• Calling repeatedly or sending messages of any kind;
• Gathering information against their will;
• Sending unwanted gifts repeatedly;
• Driving by the person’s home; and
• Causing harm to the person’s property

These are considered first-degree misdemeanors carrying penalties of up to one year in prison, one year of probation, and a $1,000 fine. However, this isn’t where the law ends.

It’s also considered to be a criminal offense for a person to stalk someone’s child, sibling, spouse, or parent or to cause the alleged victim with the fear that serious injury and/or death is imminent. This is considered to be a third-degree felony.

Possible defenses for a stalking charge

There are several defenses that can be utilized to your benefit by an experienced lawyer. For example, we could argue that the criminal accusations aren’t credible – that your behavior wouldn’t have caused a reasonable person fear. Similarly, we can argue that the activity that you were participating in was protected by the Constitution; for example, it could be argued that you were protecting and exercising your legal rights.

Regardless, if you find yourself facing criminal charges of this nature, it is highly important that you don’t hesitate to hire a knowledgeable criminal defense lawyer that you can trust. In Orlando, you can find one at Katz & Phillips, P.A. Please call (321) 332-6884 to schedule your consultation.

Why hire Katz & Phillips, P.A.?

Other attorneys will tell you that they’re experts in criminal law, that they know the “ins and outs of the system,” and maybe even promise you a “great plea deal.” What those attorneys don’t tell you is that their experience is one-sided. Most put their energy towards scraping together unacceptable plea deals that put their clients behind bars for much longer than they should, if at all.

Katz & Phillips, P.A. is different. Our team is composed of former criminal prosecutors and homicide detectives who truly know the ins and outs of the Florida criminal justice system. We have insight that other Orlando attorneys simply don’t have, and we’re proud to put our past experience to work for you. Don’t trust your case to just any lawyer – trust the top-rated Orlando criminal defense lawyers at Katz & Phillips, P.A.

Don’t wait – call our Orlando domestic violence defense firm today

We’re proud to be a client-focused and results-driven firm where we put your needs and best interests first in everything we do. Should you choose to work with us, you’ll have experienced advocates on your side who are prepared to go the distance in their efforts to defend your legal rights.

To schedule your initial case evaluation, call (321) 332-6884 or contact us online today.